Dugan Cut-Stone Co. v. Gray
Missouri Court of Appeals
Appealfrom the Jackson Circuit Court. — Hon. Richard-H. Field, Judge. (1) The mechanics’ lien law is to be liberally construed. Be Witt v. Smith, 63 Mo. 263 ; Gibson v. Nagel, 15 Mo. App. 597. (2) Stone flagging used as the covering or roof of an area way, which is constructed at the same time as the building, and used -in connection with it, is properly subject to a lien, although it be outside of the lines of the lot, and although it be used as a sidewalk.
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Appealfrom the Jackson Circuit Court. — Hon. Richard-H. Field, Judge. (1) The mechanics’ lien law is to be liberally construed. Be Witt v. Smith, 63 Mo. 263 ; Gibson v. Nagel, 15 Mo. App. 597. (2) Stone flagging used as the covering or roof of an area way, which is constructed at the same time as the building, and used -in connection with it, is properly subject to a lien, although it be outside of the lines of the lot, and although it be used as a sidewalk. Pullis v. Hoffman, 28 Mo. App. 666; Henry v. Plitt, 84 Mo. 241; Beatty v. Parker, 141 Mass. 523 ; Kenny n. Apgar, 93 N. Y. 539. '(3) The…
1Opinion of the CourtEllison, J.
The question presented by this appeal is whether a materialman has a mechanics’ lien against the lot and the building thereon for material furnished for a sidewalk laid in the street adjoining the building, the building having a basement with an area way excavated under the sidewalk to the outer line thereof.
Our opinion is that he cannot. The statute gives a lien upon the ‘‘building, erection or improvements, and upon the land belonging to such owner or proprietor on which the same are situated to the extent” of the lot upon which the same ar§ situated. A sidewalk is no part of a building.…
2Cases cited8 opinions
- Kenney v. . ApgarNew York Court of Appeals · 1883
- Gerard B. Allen & Co. v. Frumet Mining & Smelting Co.Supreme Court of Missouri · 1881
- Henry v. PlittSupreme Court of Missouri · 1884
- Edgar v. SalisburySupreme Court of Missouri · 1852
- Beatty v. ParkerMassachusetts Supreme Judicial Court · 1886
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3Cited by5 opinions
- Floreth v. McReynoldsMissouri Court of Appeals · 1920
- McCutcheon v. Pacific RailroadMissouri Court of Appeals · 1897
- Sweaney v. Kansas City Railway Co.Missouri Court of Appeals · 1893
- Knapp Bros. Manufacturing Co v. Kansas City Stock Yards Co.Missouri Court of Appeals · 1912
- Carthage Superior Lime Stone Co. v. Central Methodist ChurchMissouri Court of Appeals · 1911